Department of the Legislative Assembly, Northern Territory Government

Minutes of Proceedings - 1991-08-22

Sixth Assembly First Session 13/08/1991 Parliamentary Record No. 4
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Date : 22/08/1991
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1. MEETING:
The Assembly met at 10.00 a.m., pursuant to adjournment. The Speaker, the Honourable N.M. Dondas, took the Chair.

2. PRAYERS.

3. PETITIONS:
Mr Bailey presented a petition from 28 citizens of the Northern Territory requesting the Assembly to commence negotiations with councils
of those schools affected by school closures.
Petition read
Mr Bailey presented a petition from 40 citizens of the Northern Territory requesting the Assembly to retain the Tiwi and Rapid Creek Primary
Schools for educational purposes.
Petition read.
Mr Bell presented a petition from 9 citizens of the Northern Territory requesting the Assembly recognise the detriment to the quality of
education that proposed cuts to educational services will have.
Petition read.
Mr Bell presented a petition from 104 citizens objecting to a rezoning application by Denis Hornsby for Petrick Road, Alice Springs.
Petition read.
Mr Bell presented a petition from 159 citizens of the Northern Territory expressing displeasure at the proposed funding cuts to community
health and educational services.
Petition read.
Mr Hatton presented a petition from 1633 citizens of the Northern Territory objecting to the development of high rise flats on the Beachfront Hotel site.
Petition read.
Mr Cartwright presented a petition from 318 citizens and visitors requesting the Assembly protect the natural values of Litchfield Park by
prohibiting hotel, motel, and lodge-type developments within the Park boundaries.
Petition read
Mr McCarthy presented a petition from 1079 citizens and visitors in similar terms to the petition presented by Mr Cartwright this day.
Mr Vale presented a petition from 15 citizens of the Northern Territory requesting the Assembly recognise the detriment to the quality of education
that proposed cuts to educational services will have.

4. QUESTIONS:
Questions were asked of Ministers.

5. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No.1, relating to the Appropriation Bill 1991-92 (Serial 88),
be called on forthwith.
Question - put and passed.

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6. APPROPRIATION BILL 1991-92 (Serial 88):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -

. Northern Territory Public Sector Debt, by Northern Territory Opposition Leader, dated August 1991.
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Suspension of sitting: The sitting was suspended between 11.47 a.m. and 2.00 p.m.
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Debate continued.
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.

7. SPECIAL ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly at its rising adjourn until Tuesday
1 October 1991 at 10.00 a.m. or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
Question - put and passed.

8. LEAVE OF ABSENCE:
The Leader of the Opposition (Mr Ede) moved - That leave of absence be granted to the Member for Arnhem (Mr Lanhupuy) this day on account
of family reasons.
Question - put and passed.

9. PRIVILEGES COMMITTEE - REPORT ON THE LEGISLATIVE ASSEMBLY (POWERS AND PRIVILEGES) ACT - PAPER TABLED - PAPER PRINTED - PAPER NOTED:
The Attorney-General (Mr Manzie) laid on the Table the Report of the Committee of Privileges on the Legislative Assembly (Powers and Privileges) Act.
Mr Manzie moved - That the Report be printed.
Question - put and passed.
Mr Manzie moved - That the Assembly take note of the Paper.
Question - put and passed.

10. NORTHERN TERRITORY EMPLOYMENT AND TRAINING AUTHORITY BILL 1991 (Serial 89); and EDUCATION AMENDMENT BILL (No.2) 1991 (Serial 90):
Suspension of Standing Orders - Take two Bills together: The Minister for Education (Mr Stone) moved -
That so much of Standing Orders be suspended as would prevent two Bills, the Northern Territory Employment and Training Authority Bill 1991 (Serial 89) and the Education Amendment Bill (No.2) 1991 (Serial 90) -

(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the Committee's report stage,
and the third readings of the Bills together; and

(b) the consideration of the Bills separately in the Committee of the Whole.

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Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Stone, pursuant to notice, presented a Bill for an Act to establish the Northern Territory Employment and Training Authority and to provide for training
of persons for industry and employment, and for related purposes; and a Bill for an Act to amend the Education Act.
Bills read a first time.
Mr Stone moved - That the Bills be now read a second time.
On the motion of the Member for Millner (Mr Smith) debate was adjourned.

11. TRUSTEE AMENDMENT BILL 1991 (Serial 84):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Trustee Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Member for Millner (Mr Smith) debate was adjourned.

12. SUPREME COURT AMENDMENT BILL 1991 (Serial 91):
The Attorney-General (Mr Manzie), pursuant to notice, presented a Bill for an Act to amend the Supreme Court Act.
Bill read a first time.
Mr Manzie moved - That the Bill be now read a second time.
On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

13. CLASSIFICATION OF PUBLICATIONS AMENDMENT BILL 1991 (Serial 93); and FILM CLASSIFICATION ACT REPEAL BILL 1991 (Serial 94):
Suspension of Standing Orders - Take two Bills together: The Attorney-General (Mr Manzie) moved -
That so much of Standing Orders be suspended as would prevent two Bills, the Classification of Publications Amendment Bill 1991 (Serial 93); and the
Film Classification Act Repeal Bill 1991 (Serial 94) -

(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings, the
Committee's report stage, and the third readings of the Bills together; and

(b) the consideration of the Bills separately in Committee of the Whole.

Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
Mr Manzie, pursuant to notice, presented a Bill for an Act to amend the Classification of Publications Act; and a Bill for an Act to repeal the
Film Classification Act and the Regulations.
Bills read a first time.
Mr Manzie moved - That the Bills be now read a second time.
On the motion of the Member for Arafura (Mr Tipiloura) debate was adjourned.

14. POLICE ADMINISTRATION AMENDMENT BILL 1991 (Serial 92):
The Chief Minister (Mr Perron), pursuant to notice, presented a Bill for an Act to amend the Police Administration Act.
Bill read a first time.
Mr Perron moved - That the Bill be now read a second time.

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On the motion of the Leader of the Opposition (Mr Ede) debate was adjourned.

15. CROWN LANDS AMENDMENT BILL 1991 (Serial 53):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Paper tabled: The Member for Macdonnell (Mr Bell), by leave, laid on the Table the following Paper -

. Letter, Hon. R.J.L. Hawke, AC MP, Prime Minister to Hon. M.B. Perron, MLA, Chief Minister, dated 29 July 1991.

Leave refused: Mr Bell sought leave to continue his remarks.
Objection being made, leave not granted.
Debate continued.
Paper tabled: The Leader of the Opposition (Mr Ede), by leave, laid on the Table the following Paper -

. Letter, Galarrwuy Yunupingu, AM, Chairman, Northern Land Council, to Hon. M.B. Perron, MLA, Chief Minister, dated 22 August 1991.

Debate continued.
Question - put and passed.
Bill read a second time.
The Assembly, according to Order, resolved itself into a Committee of the Whole for the consideration of the Bill.
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In the Committee
(Deputy Chairman - Mr McCarthy)

Clause 1 agreed to.
Clause 2 read.
Debate ensued.
Question - That the clause stand as printed - put.
The Committee divided (Deputy Chairman, Mr McCarthy, in the Chair) -

AYES, 16 NOES, 7

Mr Collins Mr Bell
Mr Coulter Mr Cartwright
Mr Dondas Mr Ede
Mr Finch Mrs Hickey
Mr Hatton Mr Smith
Mr Manzie Mr Stirling
Mr McCarthy Mr Tipiloura
Mr Ortmann
Mrs Padgham-Purich
Mr Palmer
Mr Perron
Mr Poole
Mr Reed
Mr Setter
Mr Stone
Mr Vale

And so it was resolved in the affirmative.

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Clause 3 read.
Debate ensued.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the following amendment was agreed to, after debate -

Omit from proposed section 102A(1A) in paragraph (b) all words after "section 24(5)" and insert in their stead the following:

"unless -

(a) he or she, at the time of making the application or being included amongst those on whose
behalf the application was made, as the case may be, was entitled under section 24(4) to
reside within 2 kilometres of the homestead; or

(b) not being so entitled but being a person referred to in paragraph (a)(i) of the definition of 'applicant' in section 94 in relation to the pastoral lease, he or she has the written consent
of the owner of the pastoral lease to make the application or to be included amongst those
on whose behalf it is made.".

Clause 3, as amended, agreed to.

The Member for Victoria River (Mr Cartwright) moved - That the following new clause be inserted in the Bill -

"3A. MINISTER TO CONSIDER APPLICATION

"Section 102D of the Crown Lands Act is amended by inserting after section (1) the following:

'(1A) Where the Minister receives an application accompanied by a copy of an agreement
referred to in section 102B(1)(g), the Minister shall approve the application.'.".

Debate ensued.
Proposed new clause negatived.
Clause 4 agreed to.
Mr Cartwright moved - That the following new clause be added to the Bill -

"5. DISCRETION OF MINISTER IN RELATION TO RECOMMENDATION

"Section 102K of the Crown Lands Act is amended by omitting subsection (1) and substituting the following:

'(1) The Minister shall, within 30 days after receiving it -

(a) accept a recommendation under section 102H(1); or

(b) having regard to -

(i) the Tribunal's comment on the matters set out in
section 102J(1); and

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(ii) the matters referred to in the Memorandum of
Agreement set out in the Schedule to the
Miscellaneous Acts Amendment (Aboriginal Living
Areas) Act 1989,

accept in whole or in part or reject a recommendation
under section 102J(1).'.".

Debate ensued.
Proposed new clause negatived.
Title agreed to.
Bill to be reported with an amendment.
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The Deputy Speaker (Mr Poole) resumed the Chair; the Deputy Chairman (Mr McCarthy) reported accordingly; and the report was adopted.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.

16. SESSIONAL COMMITTEE ON CONSTITUTIONAL DEVELOPMENT - CITIZENS' INITIATED REFERENDUMS - PAPER TABLED - PAPER PRINTED - MOTION TO NOTE PAPER:
The Chairman of the Constitutional Development Committee (Mr Hatton) laid on the Table Discussion Paper No.3 of the Sessional Committee on
Constitutional Development entitled "Citizens' Initiated Referendums".
Mr Hatton moved - That the Paper be printed.
Question - put and passed.
Mr Hatton moved - That the Assembly take note of the Paper.
On the motion of the Member for Nhulunbuy (Mr Stirling) debate was adjourned.

17. PUBLICATIONS COMMITTEE, THIRD REPORT - PAPER TABLED - REPORT ADOPTED:
The Chairman of the Publications Committee (Mr Setter) laid on the Table the Third Report of the Publications Committee recommending that
the following Papers be printed:
________________________________________________________________________
Date
Title Tabled
________________________________________________________________________
Actuarial Review, Northern Territory Government and Public
Authorities Superannuation Scheme as at 30 June 1989 2.5.91

Credit Unions and Building Societies, Annual Report 1989-90 30.4.91

Commissioner of Consumer Affairs, Annual Report 1989-90 and
Commissioner of Motor Vehicle Dealers, Annual Report 1989 30.4.91

Department of Health and Community Services, Annual Report
1989-90 7.5.91

Department of Health and Community Services, Annual Report
1989-90 (Addendum) 7.5.91

Department of Youth, Sport, Recreation and Ethnic Affairs,
Annual Report 1989-90 9.5.91

Edited copy of the Advice of Mr Robert Mulholland, QC, and
Ms Roslyn Atkinson, concerning Northern Territory
Investigations 1.5.91

Gove District Hospital Management Board, Annual Report 1989-90 30.4.91

Ministerial Task Force, Report on the Use of Government School
Facilities, dated April 1991 1.5.91

Museum and Art Galleries Board, Annual Report 1989-90 30.4.91

Northern Territory Government Estimates Review: A Report by
the Chief Minister The Hon. Marshall Perron, MLA 30.4.91

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________________________________________________________________________
Date
Title Tabled
________________________________________________________________________

Northern Territory Grain Marketing Board, Annual Report 1989-90 9.5.91

Northern Territory Police, Fire and Emergency Services,
Annual Report 1989-90 9.5.91

Northern Territory Public Sector Debt, Northern Territory
Treasury, dated April 1991 1.5.91

Northern Territory Rural College, Annual Report 1989 9.5.91

Public Accounts Committee, Report No.12, Report on the
Auditor-General's Annual Reports 1987/88 and 1988/89 8.5.91

Sessional Committee on Constitutional Development, Annual
Report 1989-90 9.5.91

Sessional Committee on Use and Abuse of Alcohol by the
Community, Annual Report, 23 November 1990 9.5.91

Remuneration Tribunal, Report and Determination No.1 of 1991,
Ministers and Members of the Northern Territory Legislative
Assembly 30.4.91

Remuneration Tribunal, Report and Recommendation No.1 of
1991, Judges of the Northern Territory Supreme Court 30.4.91

Remuneration Tribunal, Report and Recommendation No.2 of
1991, Magistrates of the Northern Territory 30.4.91

Some issues associated with the NT's Draft Prostitution
Regulation Bill, by Neil Bell, MLA, Opposition Spokesman
for Legal Affairs, dated April 1991 2.5.91
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Mr Setter moved - That the Report be adopted.
Question - put and passed.

18. PASTORAL LEASES (RENTAL) BILL 1991 (Serial 73):
Suspension of Standing Orders - Pass Bill through all stages: The Minister for Lands and Housing (Mr Ortmann) moved -
That so much of Standing Orders be suspended as would prevent the Pastoral Leases (Rental) Bill 1991 (Serial 73) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.

19. SUSPENSION OF STANDING ORDERS - PASS BILL THROUGH ALL STAGES:
The Minister for Lands and Housing (Mr Ortmann) moved - That so much of Standing Orders be suspended as would prevent the Motor Accidents (Compensation)
Amendment Bill 1991 (Serial 82) passing through all stages at this sitting.
Question - put and passed - there being an absolute majority of the whole number of Members present and no dissentient voice.

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20. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That Government Business, Order of the Day No.10
relating to the Motor Accidents (Compensation) Amendment Bill 1991 (Serial 82) be called on forthwith.
Question - put and passed.

21. MOTOR ACCIDENTS (COMPENSATION) AMENDMENT BILL 1991 (Serial 82):
The order of the day having been read for the resumption of the debate on the question - That the Bill be now read a second time -
Debate resumed.
Question - put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Minister for Lands and Housing (Mr Ortmann) the Bill was read a third time and passed to be a proposed law.

22. ORDER OF BUSINESS:
The Leader of Government Business (Mr Setter) moved - That General Business Order of the Day No.1 relating to the Sessional Committee on Use and Abuse of Alcohol By
the Community Report No.2 be called on forthwith.
Question - put and passed.

23. SESSIONAL COMMITTEE ON THE USE AND ABUSE OF ALCOHOL BY THE COMMUNITY - REPORT No.2 - MOTION TO NOTE PAPER:
The order of the day having been read for the resumption of the debate on the motion of the Member for Araluen (Mr Poole) (15 August 1991) -
That the Assembly take note of the Statement -
Debate ensued.
On the motion of the Leader of Government Business (Mr Setter) debate was adjourned.

24. ADJOURNMENT:
The Leader of Government Business (Mr Setter) moved - That the Assembly do now adjourn.
Debate ensued.
Question - put and passed.
The Assembly adjourned at 10.07 p.m. until Tuesday 1 October 1991 at 10.00 a.m. or such other time and/or date as may be set by the Speaker, pursuant to Sessional Order.
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PAPERS:
The following Papers were deemed to have been presented on Thursday 22 August 1991:

Annual Reports:
Jabiru Town Development Authority, 1989-90
Territory Insurance Office, 1990-91
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ATTENDANCE:
All Members attended the sitting except Mr Lanhupuy, on leave.

H G SMITH
Clerk of the Legislative Assembly

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Last updated: 04 Aug 2016